Ninja Snowballs / BiteandBooze.com ‘Submit a Flavor’ Contest begins on 08/27/10 and all flavor combination entries must be must be submitted by 9/10/10.

1. Contest Description
The Ninja Snowballs / BiteandBooze.com ‘Submit a Flavor’ Contest (the "Contest") gives Contestants the opportunity to create their own snowball flavor combinations to be created by Ninja Snowballs and judged by BiteandBooze.com and by sales at Ninja Snowballs (jointly, Ninja Snowballs and BiteandBooze.com are the “Sponsor”.)

BY PARTICIPATING IN THE CONTEST, CONTESTANTS EXPRESSLY CONSENT TO THESE OFFICIAL RULES, THE TERMS AND CONDITIONS OF THE CONTEST (collectively, the "Official Rules”). If you do not agree to any of these terms, please do not participate in the Contest.

2. Sponsors:
Ninja Snowballs
BiteandBooze.com

3. Eligibility
To participate in the Contest, Contestants must be: 1) a legal U.S. resident of any of the 50 United States or the District of Columbia; and 2) at least 18 years of age. Employees or direct family members of employees of Ninja Snowballs and Bite and Booze, LLC are not eligible to participate in the contest.

4. Timing
The Contest shall begin on August 27, 2010 and the submission period shall conclude at 11:59:59 pm CST] on September 10, 2010 ("Contest Period"). The judging, brackets, and final four sales portions of the contest will continue over the following weeks. A champion will be named before 11/1/10.

5. Contest
To participate in the Contest, Contestants must submit a snowball flavor combination through social media. All entries must be submitted on twitter to either @NinjaSnowballs or @biteandbooze or on the Ninja Snowballs or Bite and Booze Facebook Pages during the Contest Period. Submissions must include an original recipe or flavor combination for a snowball. Ingredients should be limited to those normally stocked at a snowball stand or easy to obtain at a local grocery store. Creativity of original flavor combinations is encouraged and submissions may include “stuffed snowballs” with ice cream and the use of condensed milk, among other ingredients. Once a Contestant has made a Submission, the Submission may not be modified, edited or retracted. Each Contestant may enter only one (1) original Submission. Creativity in submissions is also encouraged, so feel free to link to original images or videos. Entries must be submitted by 9/10/10.

6. Winner Selection
Regardless of what communication may take place between Sponsor and Contestant, no Contestant is a winner unless and until the verification procedure is completed in full.

There will be three (3) stages in selecting the Contest winner: Finalist selection, Final Four Selection, and Grand Prize Winner selection.

Sixteen (16) Finalists will be selected by a panel of qualified judges composed of representatives from the Sponsors ("Judges"). The judges will base their decisions on the following judging criteria:
Originality & creativity of recipe and submitter– 50%
Appropriate use of snowball related ingredients and products– 20%
General availability of the recipe's ingredients– 15%
Ease of preparation for Ninja Snowballs – 15%

The sixteen (16) Submissions receiving the highest total rating by the Judges will be deemed Finalists, and will proceed to the second stage of selection. In the event that there is a tie in the highest rating for the 16th Finalist spot, Sponsors reserve the right, in their sole discretion, to add additional Finalist spots, or select the 16th Finalist from amongst those Submissions tied for the 16th Finalist spot based on the highest score received by a Contestant using the Originality & Creativity judging criteria category. The Judges reserve the right to select fewer than 16 Finalists if, in their sole discretion, they believe that there are insufficient entries that meet the judging criteria. For purposes of determining the head to head matchups in the second stage, the Judges will rank the Finalists' submission in order of preference (1 through 16 - 1 being the highest, most favorable ranking or “seed”). This ranking may or may not be disclosed to the general public.

Once the Finalists have been identified, their Submissions will be judged in a head-to-head tournament format based on taste tests and ratings conducted by the Judges. A single-elimination bracket system will be set up for the tournament whereby the top ranked recipe will match up with the 16th ranked recipe in the first round, and so on. Videos will be created for the head to head showdowns and will be uploaded to YouTube, posted on biteandbooze.com, and promoted through Twitter and Facebook by Ninja Snowballs and Bite and Booze. Over the period of several weeks the 16 Finalist submissions will be narrowed down to a final four. Upon announcement of the final four Submissions, the contest will move on to stage three (3). Two semifinals consisting of two submissions each will be made available to customers at Ninja Snowballs and go head to head, with total sales determining the winner. The winner of each semifinal will move on to the final round sales contest. Each of the two semifinal matchups and the final round of stage 3 will last one week. Videos will be produced and promoted to announce the winners of the semifinals and final.

The Potential Grand Prize Winner will be determined by the series of judging/ranking to get to the 16 finalists, heads up judging in the rounds of 16 and 8, then sales contests in the semi final and final.

7. Prize
One Grand Prize ("Contest Prize") will be awarded from amongst the top 16 Finalists. Contest Prize includes (1) a one hour private catering event by Ninja Snowballs for use at a time agreed to by the winner and Ninja Snowballs and must be used within one year from the end of this contest, (2) the naming rights for the winning snowball which will be featured on the Ninja Snowballs menu and (3) a featured blog post about the recipe and snowball and featuring the Submitter on BiteandBooze.com. Sponsors reserve the right to have the final says in naming rights (keep it clean and clever). Winner must be available on the dates to be set by Sponsor for photos, videos, and interviews for the blog post.

Odds of winning a Finalist spot are dependent on the number of submissions. Odds of winning the Grand Prize are 1:16 from amongst all Finalists. General Condition: No cash or other substitution, assignment or transfer of any prize is permitted.

8. Publicity/Copyright License
Except where prohibited, participation in the Contest constitutes Contestant's consent to Sponsor's use of Contestant's name, likeness, handle, screen name, photograph, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment, consideration, notification, or right of approval. By making a Submission, Contestant grants Sponsor and their agencies a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Contest, including without limitation for promoting the Contest and Sponsor's products and services in any media formats and through any media channels in perpetuity. Contestants shall not be entitled to notification, right of approval, or additional compensation of any kind for use of either Submission pursuant to this license.

9. Representations and Warranties
By participating in the Contest, each Contestant affirms, represents, and/or warrants that: (i) Contestant's submitted recipe is original to Contestant; and (ii) Contestant's Submission is not copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Contestant is the owner of such rights or otherwise has permission from the rightful owner(s) to participate in the Contest and to make such Submission for the purposes intended by Sponsors. Contestant further agrees that he/she will not (i) publish falsehoods or misrepresentations that could damage Sponsors or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business: (iv) impersonate another person.

10. General Conditions
Sponsor reserves the right to cancel or modify all or part of the Contest if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Contest, as determined by Sponsor in its sole but reasonable discretion. In such an event, Sponsor may, at its sole discretion, award the Prize to the Finalist that received the Judges' highest ranking. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission or voting process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Release
By receipt of any Prize, winner agrees to release and hold harmless Contest Entities (also collectively, the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any Prize awarded, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.

12. Limitations of Liability
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Contestants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process of the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Internet by any third party; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Contestant's participation in the Contest or receipt or use of any Prize. By participating in the Contest, Contestants agrees to indemnify and hold Released Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) all matters related to Contestant's participation in the Contest; (ii) Contestant's use of and access to online resources; (iii) Contestant's violation of any provision of these Official Rules (iii) Contestant's violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) any claim that Contestant's Submission caused damage to a third party.

13. Disputes
Contestant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prizes awarded shall be resolved individually, without resort to any form of class action, (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (iii) under no circumstances will Contestant be permitted to obtain awards for and Contestant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Louisiana, without giving effect to any choice of law or conflict of law rules (whether of the State of Louisiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Louisiana.